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FAQs: Law and Sexuality

Did you know that women cannot be arrested after sunset or before sunrise?
A: According to a Supreme Court ruling, a woman cannot be arrested after sunset and before sunrise.

Did you know that women cannot be called to the police station for interrogation?
A: Women cannot be called to the police station for interrogation under Section 160 of the Criminal Procedure Code. This law provides Indian women the right of not being physically present at the police station for interrogation.

Did you know that women can lodge a complaint via e-mail?
A: According to the guidelines issued by the Delhi Police, a woman has the right to lodge a complaint via email or registered post. If, for some reason, a woman can’t go to the police station, she can send a written complaint through an e-mail or by registered post addressed to a senior police officer of the level of Deputy Commissioner or Commissioner of Police. The officer then directs the SHO of the police station, of the area where the incident occurred, to conduct proper verification of the complainant and lodge an FIR. The police can then go to the residence of the victim to take her statement.

Did you know the doctor needs to medically examine and conclude whether rape has happened or not?
A: A case of rape can’t be dismissed even if the doctor says rape had not taken place. A victim of rape needs to be medically examined as per Section 164 A of the Criminal Procedure Code, and only the report can act as proof.

Did you know that a woman has a right to marry anyone she wishes to?
A: In Lata Singh vs. State of UP it was held by the Allahabad High Court that every woman has a right to choose her marriage partner.

Did you know that people from different faith in India can marry under Special Marriage Act, 1954?
A: Special Marriage Act 1954 allows people from different religions to marry without conversion.

Did you know that the POCSO Act, 2012 makes sex with a person below 18 years by their respective spouses illegal?
Section 42 of POCSO Act 2013 provides for an overriding effect of POCSO over other legislations in India which makes sex with a person below 18 years by their respective spouses illegal.